Acórdão nº 9240209 de Court of Appeal of Porto (Portugal), 12 de Julho de 1994
| Magistrado Responsável | SOARES DE ALMEIDA |
| Data da Resolução | 12 de Julho de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR PROC CIV - PROCED CAUT. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART401 N2 ART406 N1 N2. CCIV66 ART204 N2 ART1421 ART1344 N1 ART1305 ART1422 N1 N2 C ART1360.
Jurisprudência Nacional: AC RP DE 1989/05/23 CJ T3 ANOXIV PAG203.
Sumário: I - Os embargos à providência cautelar não especificada destina-se preferencialmente a alegar factos que afastem os fundamentos da providência. II - Admite, contudo, a lei que o requerido, no caso de agravar, possa alegar também nos embargos que a providência não devia ter sido ordenada por não se verificarem os requesitos legais. III - Em tal caso, fica o juiz agora autorizado a reapreciar os fundamentos da providência e a verificar se a mesma foi ilegal. IV - Num prédio constituído em regime de propriedade horizontal nem tudo é parte comum; não é por...
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